07-01-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JULY 1, 2004

TITLE	Case Number
Almonte v Western Beef, Inc.	2003-06391
Ayers v Wooten	2003-08002
Brach v Fried	2004-01246
Coviello v J.J. Sisca Construction Corp.	2003-10177
First Union Auto Finance, Inc. v Donat	2004-02639 + 3
Giovinazzo v Giovinazzo	2004-02935
Glick, n/k/a Sheft v Glick	2004-03989
Hayes v Ideal Quiet Heat Fuel Corporation	2003-08372 + 1
Hirsch v Hirsch	2004-03552
Isakov v Day	2003-08730
Jaikaran v Marin	2003-11378
Katz v Pathmark Stores, Inc.	2003-10432 + 1
Kliphon v Kliphon	2004-03863
Levi v Myrthil	2003-10604
Maldonado v Ying Li	2003-08223
Murray v City of New York	2003-09996
Ojo v Woodruff	2002-00238
Serrano v Avet Coach Corp.	2003-08305
Tseytlina v New York City Transit Authority	2004-04479 + 1
VP Direct Response Marketing, Inc., d/b/a Val-	2004-03736
Valentino's Pizza Time Restaurant Corp. v Luk	2004-05051
Webb v State of New York	2003-07789
Zito v Zabarsky	2004-01148
Mtr of A. (Anonymous), Jamel	2004-03256
Mtr of B. (Anonymous), Dayjah Ann, a/k/a B.	2003-02549 + 2
Mtr of B. (Anonymous), Justin Henry	2004-01829 + 1
Mtr of Barnes v Mickelsen-Barnes	2003-10481
Mtr of C. (Anonymous), Kayla; Suffolk County	2004-04305
Mtr of Chin-On v Gittens	2004-02538
Mtr of Confidential Investigation into R#03-10	2004-05259
Mtr of D'Altilio v D'Altilio	2004-01917
Mtr of D. (Anonymous), Children	2004-02384
Mtr of D. (Anonymous), Ryan; Admin. For Chldr	2003-08809 + 4
Mtr of D.-B. (Anonymous), Eduardo; County of	2004-03997 + 1
Mtr of De La Cruz v Colon	2004-04507
Mtr of Doherty-McCauley v Patchen	2003-10182 + 2
Mtr of G. (Anonymous), Infinite	2003-07243 + 2
Mtr of Gittens v Chin-On	2004-03253
Mtr of H. (Anonymous), Dalzelle Monique; Chil	2003-02079 + 1
Mtr of Halperin v City of New Rochelle Board	2004-02193
Mtr of Heller, Deceased	2004-00941
Mtr of Ingravera v Goss	2003-04554
Mtr of K. (Anonymous), Eric; Corporation Coun	2003-09878
Mtr of Kenreich v West	2004-04258
Mtr of Keylikhes v Kiejliches	2004-03399
Mtr of LaForge v LaForge	2004-04009
Mtr of Lewis v Nwasoma	2003-10143
Mtr of Linksman v Linksman	2004-02774
Mtr of M. (Anonymous), Ramsay; Administration	2003-08924
Mtr of M. (Anonymous), Raymond	2003-10041
Mtr of Mazzilli v Mazzilli	2004-03107
Mtr of McCormick v Franklin	2002-06499
Mtr of Medina v Figueroa	2004-02544
Mtr of Moloney v Moloney	2004-02801
Mtr of R. (Anonymous), Mary v T. (Anonymous),	2004-03529
Mtr of Reichling v Reichling	2004-02770
Mtr of Rodriguez v Irizarry	2002-00966
Mtr of S. (Anonymous), Aaron	2003-11218
Mtr of Town of Rye v New York State Board of	2002-11412
Peo v Bedell, Johnny	2002-07070
Peo v Davis, Wendy	1994-04428
Peo v Farley, Cyril	1994-06602
Peo v Findley, Lyle	1994-02471
Peo v Goodman, Eugene	1994-00383
Peo v Gray, Lisa	1994-02225
Peo v Henry, Anthony	1994-05090
Peo v Martin, Sylvan	2004-05000
Peo v Mathieu, Bertrand	1994-02241
Peo v Montoya, Lydia, a/k/a Gomez, Estelle, a	1993-09684 + 1
Peo v Morris, Gregory	1994-06000
Peo v Pena, Jose	1994-03908
Peo v Rogers, Brian	1994-01304
Peo v Sam, David	1994-01555
Peo v Santino, Joe	1994-06028
Peo v Torres, Jose	1994-06464

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13308

E/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-06391
Ramon Almonte, et al., respondents,
v Western Beef, Inc., appellant, et al.,
defendants.
(Index No. 16506/00)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Westchester County, entered June 6, 2003, to dismiss the appeal on the grounds that (1) so much of the order as denied reargument is not appealable and (2) the appellants are precluded from raising any issues relating to the portions of the order as denied renewal pursuant to the doctrine of Bray v Cox (38 NY2d 350).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13352

S/sl

2003-08002

Colleen R. Ayers, respondent,
v Tina Wooten, et al., appellants.
(Index No. 12839/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated June 27, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before July 12, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13269

C/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

NANCY E. SMITH

THOMAS A. ADAMS, JJ.

2004-01246
Nachman Brach, appellant,
v Ishak Fried, et al., respondents.
(Index No. 429/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 25, 2003.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted to the extent that the appellant's time to perfect the appeal is enlarged until August 27, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the motion is otherwise denied.

ALTMAN, J.P., FLORIO, SMITH and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13354

S/sl

2003-10177

Gerald Coviello, et al., appellants-respondents,
v J. J. Sisca Construction Corp., et al.,
defendants-respondents, J. L. G. Industries, Inc.,
defendant respondent-appellant, Albany Ladder
Company, Inc., s/h/a Albany Ladder, Inc., et al.,
defendants third-party-plaintiffs respondents-
appellants; Lakeview Associates, LLC, third-party
defendant respondent-appellant.
(Index No. 17236/00)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeals from an order of the Supreme Court, Westchester County, entered October 24, 2003.

ORDERED that the application is granted; and it is further,

ORDERED that the appellants-respondent's time to perfect the appeal is enlarged until October 29, 2004, and the joint appendix or record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the defendants third-party-plaintiffs respondents-appellants and the defendant respondent-appellant shall serve and file their respective answerings brief, including their points of argument on their cross appeals, on or before December 6, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the third-party defendant respondent-appellant shall serve and file its answering brief, including its points of argument on its cross appeal, on or before January 11, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the defendants-respondents shall serve and file their respective briefs on or before February 15, 2005; and it is further,

ORDERED that the appellants-respondents shall serve and file their reply brief on or before March 22, 2005; the defendants third-party-plaintiffs respondents-appellants and the defendant respondent-appellant shall serve and file their respective reply briefs on or before April 6, 2005; and the third-party-defendant respondent-appellant shall serve and file its reply brief on or before April 21, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13277

R/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-02639, 2004-02640, 2004-02641,
2004-02642
First Union Auto Finance, Inc., etc., plaintiff-
respondent, v Joseph Donat, appellant, Ramp
Chevrolet, Inc., defendant-respondent.
(Index No. 16998/00)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the defendant-respondent on appeals from four orders of the Supreme Court, Kings County, dated July 15, 2003, August 12, 2003, December 12, 2003, and February 24, 2004, respectively, to dismiss the appeals from the orders dated July 15, 2003 and December 12, 2003, on the ground, inter alia, that the appellant is not aggrieved by those orders.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the appeal from the order dated July 15, 2003 (Appellate Division Docket No. 2004-02641), is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the aggrieved party (see CPLR 5511; Marino v Termini, 4 AD3d 342); and it is further,

ORDERED that the appeal from the order dated December 12, 2003 (Appellate Division Docket No. 2004-02640), is dismissed, without costs or disbursements, as the appellant is not aggrieved by the order appealed from (see CPLR 5511).

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13181

M/nal

2004-02935
Domenica Giovinazzo et al., respondents,
v Dorothy Giovinazzo, appellant.
(Index No. 8695/03)

SCHEDULING ORDER

Appeal by Dorothy Giovinazzo from an order of the Supreme Court, Richmond County, dated February 13, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 23, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13325

M/nal

2004-03989

Carol Glick, n/k/a Carol Sheft, respondent,
v Russell Glick, appellant.
(Index No. 005888-99)

ORDER TO SHOW CAUSE

Appeal by Russell Glick from an amended judgment of the Supreme Court, Nassau County, dated January 30, 2004. By scheduling order dated May 21, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 21, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 16, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13323

PL/sl

2003-08372, 2003-08375
Sidney Hayes, etc., plaintiff-respondent,
v Ideal Quiet Heat Fuel Corporation, defendant
third-party plaintiff-respondent; ITT Industries,
Inc., third-party defendant-appellant.
(Action No. 1)
(Index No. 26825/97)
John Bynum, etc., plaintiff-respondent,
v Sidney Edward Hayes, defendant-respondent,
Ideal Quiet Heat Fuel Corporation, defendant
third-party plaintiff-respondent; ITT Industries,
Inc., third-party defendant-appellant.
(Action No. 2)
(Index No. 7171/97)

ORDER ON APPLICATION

Application by the third party defendant-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Queens County, both dated August 13, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before July 13, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13196

M/nal

2004-03552

Frank Hirsch, respondent,
v Debra Hirsch, appellant.
(Action No. 1)
(Index No. 7090/01)
Frank Hirsch, respondent,
v Debra Hirsch, et al., appellants.
(Action No. 2)
(Index No. 7130/01)

ORDER TO SHOW CAUSE

Appeal by Debra Hirsch and Henry Osterman from an order of the Supreme Court, Rockland County, dated April 23, 2004. By scheduling order dated May 13, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated May 13, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 15, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13315

R/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-08730

Daniel Isakov, respondent,
v Cyrus Day, appellant.
(Ind. No. 20078/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a respondent's brief on an appeal from an order of the Supreme Court, Queens County, dated June 5, 2003.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the respondent's time to serve and file a respondent's brief is enlarged until August 31, 2004, and the respondent's brief must be served and filed on or before that date.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13326

PL/sl

2003-11378

Mohani Jaikaran, appellant, v Abraham Marin,
a/k/a Jack Marin, a/k/a Andrew Marin, respondent.
(Index No. 22903/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated November 13, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13356

S/sl

2003-10432, 2004-00648

Albert Katz, et al., appellants,
v Pathmark Stores, Inc., et al., respondents.
(Index No. 5055/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated October 8, 2003, and November 23, 2003, respectively.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until September 13, 2004, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13324

M/nal

2004-03863

Carrie D. Kliphon, appellant,
v Scott A. Kliphon, respondent.
(Index No. 876-01)

ORDER TO SHOW CAUSE

Appeal by Carrie D. Kliphon from an order of the Supreme Court, Suffolk County, dated March 30, 2004. By scheduling order dated May 19, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4)an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 19, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 16, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13338

Y/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-10604
Anna M. Levi, et al., appellants, et al.,
plaintiffs, v Gerard Myrthil, et al., respondents.
(Index No. 22227/02)

DECISION & ORDER ON MOTION

Motion by the appellants pro se on an appeal from an order of the Supreme Court, Queens County, dated October 16, 2003, to waive the requirements of 22 NYCRR 670.102(f) regarding certification of the record on appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on the courts own motion, the respondents' time to serve and file a brief is enlarged until August 9, 2004, and the respondents' brief must be served and filed on or before that date.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13357

S/sl

2003-08223

Joshue Maldonado, respondent,
v Ying Li, et al., appellants.
(Index No. 8005/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated August 11, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 26, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13358

S/sl

2003-09996

Deborah Murray, plaintiff-respondent,
v City of New York, defendant-respondent,
New York City Housing Authority, appellant.
(Index No. 2529/01)

ORDER ON APPLICATION

Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated September 10, 2003.

ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until July 9, 2004, and the plaintiff-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13020

S/sl

2002-00238

Caroline Ojo, appellant,
v A. C. Woodruff, et al., defendants,
Anthony Erzuah, et al., respondents.
(Index No. 6231/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 11, 2001.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 27, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13272

C/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-08305
Pablo Serrano, respondent,
v Avet Coach Corp., et al., appellants.
(Index No. 18240/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, entered August 14, 2003.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until August 27, 2004, and the respondent's brief must be served and filed on or before that date.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13343

Y/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-04479, 2004-04481
Galina Tseytlina, appellant,
v New York City Transit Authority,
respondent.
(Index No. 30001/98)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of appeals from two orders of the Supreme Court, Kings County, dated February 4, 2004, and April 28, 2004, respectively, and to stay the trial of the above-entitled action pending the hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for a preference is granted; the appeals will be calendared when they are fully perfected; and it is further,

ORDERED that the branch of the motion which is for a stay is denied.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13275

R/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-03736
VP Direct Response Marketing, Inc., d/b/a
Val-Pak of Suffolk County, et al., appellants,
v JRE Marketing, Inc., d/b/a Valpak of Nassau,
et al., respondents.
(Index No. 10198/03)

DECISION & ORDER ON MOTION

Motion by Pike & Pike, P.C., the attorneys for the appellants, for leave to withdraw as counsel on an appeal from order of the Supreme Court, Nassau County, entered November 17, 2003.

Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is

ORDERED that the motion is granted, and Pike & Pike, P.C. is relieved from representing the appellants with respect to the instant appeal; and it is further,

ORDERED that on or before July 15, 2004, Pike & Pike, P.C. is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that no further proceedings shall be taken against the appellants, without leave of the court, until the expiration of 30 days after service upon them of a copy of this decision and order.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13292

R/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-05051
Valentino's Pizza Time Restaurant Corp.,
et al., appellants, v Luk-Shop, LLC,
respondent.

(Index No. 26885/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of a judgment of the District Court, Suffolk County, Third District, dated February 27, 2004, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 10, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13304

R/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-07789
Wanji Webb, etc., et al., appellants,
v State of New York, respondent.
(Claim No. 106819)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to prosecute an appeal from an order of the Court of Claims, dated July 21, 2003, as poor persons, to waive the filing fee, for leave to proceed on the original papers, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]); and it is further,

ORDERED that the filing fee is waived; and it is further,

ORDERED that the appellants' time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing their brief on the appeal is enlarged until August 31, 2004.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13355

S/sl

2004-01148

Pamela Zito, appellant,
v Gary Zabarsky, etc., respondent.
(Index No. 5594/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated December 12, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 27, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13210

M/nal

2004-03256
In the Matter of Jamel A. (Anonymous),
appellant.
(Docket No. D-1236/03)

SCHEDULING ORDER

Appeal by Jamel A. from an order of the Family Court, Richmond County, dated February 26, 2004. By decision and order of this court dated June 16, 2004, the following attorney was assigned as counsel on the appeal:

Andrew John Calcagno, Esq.

404 Manor Road - 1st Floor

Staten Island, New York 10314

(718) 815-0200

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated June 16, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13337

M/nal

2003-02549, 2003-02862, 2003-02863
In the Matter of Dayjah Ann B. (Anonymous),
a/k/a Dayjah B. (Anonymous).
St. Christopher-Ottillie, respondent;
Verron V. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. B-9943/99)
In the Matter of Daauwd David Michael
Muhammad B. (Anonymous), a/k/a Daauwd B.
(Anonymous).
St. Christopher-Ottillie, respondent;
Verron V. (Anonymous), appellant.
(Proceeding No. 2)
(Docket No. B-9944/99)
In the Matter of Koran Hassan Muhammed V.
(Anonymous), a/k/a Koran V. (Anonymous).
St. Christopher-Ottillie, respondent;
Verron V. (Anonymous), appellant.
(Proceeding No. 3)
(Docket No. B-4647/02)

SCHEDULING ORDER

Appeals by Verron V. from three orders of the Family Court, Kings County, all dated February 19, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until July 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13207

M/nal

2004-01829, 2004-01920
In the Matter of Justin Henry B. (Anonymous).
St. Vincent's Services, respondent;
Tawana C. (Anonymous), appellant.
In the Matter of Fantaisha Niasha Patricia C. (Anonymous).
St. Vincent's Services, respondent;
Tawana C. (Anonymous), appellant.
(Docket Nos. B-13439/00, B-13440/00)

SCHEDULING ORDER

Appeals by Tawana C. from two orders of the Family Court, Kings County, both dated January 16, 2004. By decision and order of this court dated June 16, 2004, the following attorney was assigned as counsel on the appeal:

Mark W. Brandys, Esq.

26 Court Street - Suite 1215

Brooklyn, New York 11242

(718) 624-4010

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13335

M/nal

2003-10481

In the Matter of Leslie Barnes, respondent,
v Janette Mickelsen-Barnes, appellant.
(Docket No. O-7954/03)

ORDER TO SHOW CAUSE

Appeal by Janette Mickelsen-Barnes from an order of the Family Court, Westchester County, dated October 15, 2003. By scheduling order dated May 24, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 24, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 16, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13330

M/nal

2004-04305

In the Matter of Kayla C. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Daria C. (Anonymous),
appellant, et al., respondent.
(Docket Nos. N-14856-03, 14864-03)

ORDER TO SHOW CAUSE

Appeal by Daria C. from an order of the Family Court, Suffolk County, dated April 14, 2004. By scheduling order dated May 25, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 25, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 16, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13319

M/nal

2004-02538
In the Matter of Michele Chin-On, respondent,
v George Gittens, appellant.
(Docket No. P-00915-97)

SCHEDULING ORDER

Appeal by George Gittens from an order of the Family Court, Kings County, dated February 19, 2004. By decision and order of this court dated June 25, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13353

R/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2004-05259
In the Matter of Confidential Investigation
into R #03-103
(Kings County Grand Jury #3618/2003).

Ira Miller, etc., appellant; Charles Hynes, etc.,
respondent.

(Index No. 16323/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated May 25, 2004, to stay enforcement of the order and his obligation to appear before the Grand Jury, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the order dated May 25, 2004, and the appellant's obligation to appear before the Grand Jury are stayed, pending hearing and determination of the appeal; and it is further,

ORDERED that on the court's own motion, the respondent shall serve and file its respondent's brief on or before July 8, 2004; and it is further,

ORDERED that the appellant shall serve and file his reply brief, if any, on or before July 14, 2004; and it is further,

ORDERED that the appeal is placed on the calendar for Wednesday, July 21, 2004, and the appeal shall be argued or submitted on that day.

PRUDENTI, P.J., ALTMAN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13205

M/nal

2004-01917
In the Matter of Natale D'Altilio, appellant,
v Joy I. D'Altilio, respondent.
(Docket No. F-01816-03)

SCHEDULING ORDER

Appeal by Natale D'Altilio from an order of the Family Court, Orange County, dated January 30, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 18, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13164

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-02384

In the Matter of D. (Anonymous), Children.
Administration for Children's Services, respondent;
Robert D. (Anonymous), appellant.
(Docket Nos. N-17487-01, N-17488-01,
N-17489-01)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated June 8, 2004, is recalled and vacated and the following decision and order on motion is substituted therefore:

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated February 23, 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Richard Cardinale, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

SANTUCCI, J.P., GOLDSTEIN, LUCIANO, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13184

M/nal

2003-08809, 2003-08810, 2003-08811
2003-08812, 2003-08813

In the Matter of Ryan D. (Anonymous).
Louise Wise Services, et al., respondents;
Nancy D. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. B-11691/00)
In the Matter of Paula A. (Anonymous).
Louise Wise Services, et al., respondents;
Nancy D. (Anonymous), appellant.
(Proceeding No. 2)
(Docket No. B-11690/00)
In the Matter of Amanda D. (Anonymous).
Louise Wise Services, et al., respondents;
Nancy D. (Anonymous), appellant.
(Proceeding No. 3)
(Docket No. B-11689/00)
In the Matter of Nancy A. (Anonymous).
Louise Wise Services, et al., respondents;
Nancy D. (Anonymous), appellant.
(Proceeding No. 4)
(Docket No. B-11688/00)
In the Matter of Jennifer Kake A. (Anonymous).
Louise Wise Services, et al., respondents;
Nancy D. (Anonymous), appellant.
(Proceeding No. 5)
(Docket No. B-11687/00)

SCHEDULING ORDER

Appeals by Nancy D. from five orders of the Family Court, Queens County, all dated September 8, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 28, 2004, and the law guardian's brief was served and filed on June 18, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until July 20, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13274

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-03997, 2004-04769

In the Matter of Eduardo D.-B. (Anonymous),
appellant.
(Docket No. D-336-04)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Orange County, both dated April 19, 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the Law Guardian, Stuart I. Greenberg, 106 Stage Road, Monroe, N.Y., 10950, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:

Neal D. Futerfas, Esq.

50 Main Street #1000

White Plains, New York 10606

(914) 682-2171

and it is further,

ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13217

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-04507

In the Matter of Narda De La Cruz,
respondent, v Achilles Colon, appellant.
(Docket No. O-13442-04)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated May 7, 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Michael Hueston, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13202

M/nal

2003-10182, 2003-10184, 2004-03323
In the Matter of Kathleen Doherty-McCauley,
respondent, v Joseph Patchen, appellant.
(Docket No. F-520/98)

SCHEDULING ORDER

Appeals by Joseph Patchen from three orders of the Family Court, Westchester County, dated September 5, 2003, October 24, 2003, and February 25, 2004, respectively. By decision and order of this court dated June 25, 2004, the following attorney was assigned as counsel on the appeals:

Charles K. McGoey, Esq.

271 North Avenue, Suite 102

New Rochelle, New York 10801

(914) 633-5593

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 45 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 45 days of the date of this scheduling order; and it is further,

ORDERED that within 20 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated June 25, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13206

M/nal

2003-07243, 2003-07688, 2003-07690
In the Matter of Infinite G. (Anonymous).
Administration for Children's Services, respondent;
Danielle M. (Anonymous), et al., appellants.
(Proceeding No. 1)
(Docket No. N-15498-01)
In the Matter of D'Asia H. (Anonymous).
Administration for Children's Services, respondent;
Danielle M. (Anonymous), et al., appellants.
(Proceeding No. 2)
(Docket No. N-15499-01)

SCHEDULING ORDER

Appeals by Danielle M. from an order of the Family Court, Queens County, dated December 19, 2002, and two orders of the same court both dated July 16, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 8, 2004, and the respondent's brief was served and filed on June 10, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until July 19, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13320

M/nal

2004-03253
In the Matter of George Gittens, appellant,
v Michele Chin-On, respondent.
(Docket No. V-10179/00)

SCHEDULING ORDER

Appeal by George Gittens from an order of the Family Court, Kings County, dated March 9, 2004. By decision and order of this court dated June 25, 2004, the following attorney was assigned as counsel on the appeal:

Mona G. Freeman, Esq.

34-05 44th St. #6G

Long Island City, New York 11101

(718) 937-1656

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated June 25, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13179

M/nal

2003-02079, 2003-02109
In the Matter of Dalzelle Monique H. (Anonymous).
Child Development Support Corp., respondent;
Zenobia H. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. B-2646/01)
In the Matter of Fernando Ricardo H. (Anonymous).
Child Development Support Corp., respondent;
Zenobia H. (Anonymous), appellant.
(Proceeding No. 2)
(Docket No. B-2647/01)

SCHEDULING ORDER

Appeals by Zenobia H. from two orders of the Family Court, Kings County, both dated January 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 4, 2004, and the respondent's brief was served and filed on June 24, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until July 28, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13312

E/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-02193
In the Matter of Edward Halperin, et al.,
petitioners, v City of New Rochelle Board
of Appeals on Zoning of City of New Rochelle,
et al., respondents.
(Docket No. 4197/03)

DECISION & ORDER ON MOTION

Motion by the petitioners in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, entered March 12, 2004, for leave to proceed on the original papers and to deem the memoranda of law submitted to the Supreme Court to be the briefs on the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13333

Y/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-00941
In the Matter of Jacob Heller, deceased.
Sandra Davis, etc., appellant-respondent;
Herbert M. Heller, et al., respondents-
appellants.
(File No. 159/87)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for a preference in the calendaring of an appeal from an order of the Supreme Court, Westchester County, dated January 20, 2004.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; the appeal will be calendared when it is fully perfected.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13213

M/nal

2003-04554
In the Matter of Luz Ingravera, respondent,
v Marvin Goss, appellant.
(Docket No. P-6843-00)

SCHEDULING ORDER

Appeal by Marvin Goss from an order of the Family Court, Kings County, dated December 23, 2002. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until July 19, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13186

M/nal

2003-09878
In the Matter of Eric K. (Anonymous),
appellant.
(Docket No. D-23557/02)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated November 5, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 22, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13327

M/nal

2004-04258

In the Matter of Joseph Kenreich, appellant,
v Dana West, respondent.
(Docket No. P-84-91)

ORDER TO SHOW CAUSE

Appeal by Joseph Kenreich from an order of the Family Court, Suffolk County, dated April 19, 2004. By scheduling order dated May 21, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13180

M/nal

2004-03399
In the Matter of Aleksander Keylikhes, respondent,
v Elena Kiejliches, a/k/a Helena Kiejliches, appellant.
(Docket Nos. V-1005-00, V-1006-00)

SCHEDULING ORDER

Appeal by Elena Kiejliches, a/k/a Helena Kiejliches from an order of the Family Court, Richmond County, dated March 10, 2004. By decision and order of this court dated June 22, 2004, the following attorney was assigned as counsel on the appeal:

Zvi Ostrin, Esq.

154 West 18th Street - 5D

New York, New York 10011

(212) 255-5809

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated June 22, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13331

M/nal

2004-04009

In the Matter of Arthur D. LaForge, respondent,
v Gladys Hume LaForge, appellant.
(Docket No. F-7078-99)

ORDER TO SHOW CAUSE

Appeal by Gladys Hume LaForge from an order of the Family Court, Orange County, dated April 1, 2004. By scheduling order dated May 25, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 25, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 16, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13321

M/nal

2003-10143

In the Matter of Kathleen Lewis, respondent,
v Michael Nwasoma, appellant.
(Docket No. F-04687/02)

ORDER TO SHOW CAUSE

Appeal by Michael Nwasoma from an order of the Family Court, Kings County, dated September 2, 2003. The transcripts were received by the appellant on April 13, 2004, and pursuant to the scheduling order of this court dated January 28, 2004, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the scheduling order. The appeal has not been perfected. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 28, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 16, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13193

M/nal

2004-02774
In the Matter of Charles Linksman, appellant,
v Deborah Linksman, respondent.
(Docket No. F-5595-03)

SCHEDULING ORDER

Appeal by Charles Linksman from an order of the Family Court, Suffolk County, dated March 9, 2004. By decision and order of this court dated June 17, 2004, the appellant's motion to reargue a prior motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13322

M/nal

2003-08924

In the Matter of Ramsay M. (Anonymous).
Administration for Children's Services, appellant;
Olga P. (Anonymous), et al., respondents.
(Docket No. NA-14192/02)

SCHEDULING ORDER

Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated September 25, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13328

M/nal

2003-10041
In the Matter of Raymond M. (Anonymous).
Orange County Department of Social Services,
respondent; Benjamin M. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Samantha M. (Anonymous).
Orange County Department of Social Services,
respondent; Benjamin M. (Anonymous), appellant.
(Proceeding No. 2)
In the Matter of Tiffany M. (Anonymous).
Orange County Department of Social Services,
respondent; Benjamin M. (Anonymous), appellant.
(Proceeding No. 3)
(Docket Nos. NA-2487-03, NN-2488-03, NN-2489-03)

SCHEDULING ORDER

Appeal by Benjamin M. from an order of the Family Court, Orange County, dated October 21, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 25, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13279

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-03107

In the Matter of Christine Mazzilli,
appellant, v Paul Mazzilli, respondent.
(Docket No. F-8451-92)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated March 22, 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Richard L. Herzfeld, Esq.

555 Fifth Avenue - 17th Floor

New York, New York 10017

(212) 818-9019

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13187

M/nal

2002-06499
In the Matter of Thomas McCormick, appellant,
v Diane Franklin, respondent.
(Docket No. V-180-02)

SCHEDULING ORDER

Appeal by Thomas McCormick from an order of the Family Court, Westchester County, dated July 2, 2002. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13200

M/nal

2004-02544
In the Matter of Lisette Medina, appellant,
v Alexander Figueroa, respondent.
(Docket Nos. G-04903/03, O-05114/03, V-05259/03)

SCHEDULING ORDER

Appeal by Lisette Medina from an order of the Family Court, Dutchess County, dated February 27, 2004. By decision and order of this court dated June 16, 2004, the following attorney was assigned as counsel on the appeal:

Steven A. Feldman, Esq.

300 Rabro Drive

Hauppauge, New York 11788

(631) 272-5207

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13185

M/nal

2004-02801
In the Matter of Tammy Moloney, respondent,
v James Moloney, appellant.
(Docket Nos. V-13500-03, V-13501-03,
V-13502-03, V-13503-03)

SCHEDULING ORDER

Appeal by James Moloney from an order of the Family Court, Nassau County, dated February 10, 2004. By decision and order of this court dated June 21, 2004, the following attorney was assigned as counsel on the appeal:

John M. Zenir, Esq.

114 Old Country Road - Suite 216

Mineola, New York 11501

(516) 746-0180

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated June 21, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13216

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-03529

In the Matter of Mary R. (Anonymous),
respondent, v Sidi Mohammed T. (Anonymous),
appellant.
(Docket No. P-1841-02)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated March 29, 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Steven P. Forbes, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(718) 791-8444

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13208

M/nal

2004-02770
In the Matter of William Reichling, respondent,
v Dolores Reichling, appellant.
(Docket Nos. V-4442-98, V-4443-98)

SCHEDULING ORDER

Appeal by Dolores Reichling from an order of the Family Court, Suffolk County, dated March 19, 2004. By decision and order of this court dated June 16, 2004, the following attorney was assigned as counsel on the appeal:

Susan DeNatale, Esq.

501 William Floyd Parkway

Shirley, New York 11967

(631) 902-2001

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13189

M/nal

2002-00966
In the Matter of Orlando Rodriguez, respondent,
v Elia Irizarry, appellant.
(Queens County Docket No. V-2263-01)
(Kings County Docket Nos. V-12542-96, V-12543-96)

SCHEDULING ORDER

Appeal by Elia Irizarry from an order of the Family Court, Queens County, dated January 2, 2002. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13190

M/nal

2003-11218
In the Matter of Aaron S. (Anonymous).
Orange County Department of Social Services,
respondent; Hector V. (Anonymous), appellant.
(Docket No. B-7051/02)

SCHEDULING ORDER

Appeal by Hector V. from an order of the Family Court, Orange County, dated October 7, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13351

C/sl

NANCY E. SMITH, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

SANDRA L. TOWNES, JJ.

2002-11412
In the Matter of Town of Rye, petitioner,
v New York State Board of Real Property
Services, et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to reargue a proceeding pursuant to CPLR article 78 and RPTL 1218 to review a determination of the New York State Board of Real Property Services, dated August 20, 2002, which was determined by decision and judgment of this court dated March 29, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and judgment of this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

SMITH, J.P., H. MILLER, GOLDSTEIN and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13339

PL/sl

2002-07070
The People, etc., respondent,
v Johnny Bedell, appellant.
(Ind. No. 1558/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Suffolk County, rendered July 10, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 12, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13300

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

1994-04428
The People, etc., respondent,
v Wendy Davis, appellant.
(Ind. No. 13496/93)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered May 5, 1994.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13290

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

1994-06602
The People, etc., respondent,
v Cyril Farley, appellant.
(Ind. No. 4996/94)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered July 6, 1994.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13310

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

1994-02471
The People, etc., respondent,
v Lyle Findley, appellant.
(Ind. No. 10216/93)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered March 11, 1994.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13293

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

1994-00383
The People, etc., respondent,
v Eugene Goodman, appellant.
(Ind. No. 7808/93)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered December 29, 1993.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13294

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

1994-02225
The People, etc., respondent,
v Lisa Gray, appellant.
(Ind. No. 7187/93)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered February 28, 1994.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13297

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

1994-05090
The People, etc., respondent,
v Anthony Henry, appellant.
(Ind. No. 12523/93)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered May 24, 1994.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13212

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-05000
The People, etc., plaintiff,
v Sylvan Martin, defendant.
(Ind. No. 397/02)

DECISION & ORDER ON MOTION

Motion by the defendant pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered December 19, 2002.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied (see CPL 460.30[1]).

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13286

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

1994-02241
The People, etc., respondent,
v Bertrand Mathieu, appellant.
(Ind. No. 6004/93)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered February 22, 1994.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13282

PL/sl

A. GAIL PRUDENTI, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN, JJ.

1993-09684,1993-09685
The People, etc., respondent,
v Lydia Montoya, a/k/a Estelle Gomez, a/k/a
Aleida Gomez, appellant.
(Ind No. 10518/90, 16034/91)

ORDER TO SHOW CAUSE

Appeals by the defendant from two judgments of the Supreme Court, Queens County, both rendered December 18, 1991. By decision and order on motion dated March 8, 2004, this court denied that branch of the appellant's motion which was for leave to prosecute the appeals as a poor person and the assignment of counsel with leave to renew upon the filing of proper papers establishing that the appellant is entitled to poor person relief, and directed the appellant to either perfect the appeals within 60 days of the date of the order, notify the court that she has retained counsel to prosecute the appeal or intends to proceed pro se, or renew her motion for poor person relief and the assignment of counsel. The appellant has not complied with the directives contained in the decision and order on motion dated March 8, 2004.

Now, on the court's own motion it is

ORDERED the appellant is ordered to show cause before this court why an order should or should not be made and entered dismissing the appeals on the ground that she has failed to comply with the directives contained in the decision and order on motion dated March 8, 2004, by filing an affidavit on that issue with the Clerk of this court on or before July 30, 2004; and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the defendant, his attorney, and the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

PRUDENTI, P.J., RITTER, SANTUCCI and ALTMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13306

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

1994-06000
The People, etc., respondent,
v Gregory Morris, appellant.
(Ind. No. 6582/93)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 22, 1994.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13298

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

1994-03908
The People, etc., respondent,
v Jose Pena, appellant.
(Ind. No. 15279/93)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered March 22, 1994.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13303

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

1994-01304
The People, etc., respondent,
v Brian Rogers, appellant.
(Ind. No. 12138/93)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered January 25, 1994.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13301

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

1994-01555
The People, etc., respondent,
v David Sam, appellant.
(Ind. No. 1548/93)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered February 3, 1994.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13302

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

1994-06028
The People, etc., respondent,
v Joe Santino, appellant.
(Ind. No. 13475/93)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 20, 1994.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13299

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

1994-06464
The People, etc., respondent,
v Jose Torres, appellant.
(Ind. No. 14849/93)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 21, 1994.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court